REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 15 OF 2015 REPUBLIC……………………………………………..……..PROSECUTOR VERSUS KYALO MULWA.....................................................…...ACCUSED RULING 1. Kyalo Mulwa, “the Accused” is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya. Particulars of the offence are that on the 26th day of December, 2010 at Kwa-Ukungu Shopping Center, Nzunguni Sublocation, Kyangwithya East Location in Kitui District within Kitui County murdered Francis Muinde (Deceased). 2. At the close of the Prosecution’s case, evidence adduced was that on the 20th December, 2010 the Accused was sitting at the verandah of the Kwa Mariam Bar within Kwa Ukungu Market drinking alcohol, when the Deceased confronted him and alleged that he had robbed him of a mobile phone and cash money. A fight ensued between them whereby he assaulted him. Subsequently he succumbed to injuries sustained. 3. An autopsy carried out revealed that the cause of his death was brain death secondary to massive subdural haematoma due to skull fracture. 4. The Accused having been identified as the person who struck the Deceased on the head with a piece of wood should give an explanation as to what happened. 5. In the premises, the Accused is called upon to defend himself pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. 6. It is so ordered. Dated, Signed and Delivered at Kitui this 15th day of March, 2016. L. N. MUTENDE JUDGE
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